Dispute Settlement in the UN Convention on the Law of the Sea

Dispute Settlement in the UN Convention on the Law of the Sea
Author: Natalie Klein
Publisher: Cambridge University Press
Total Pages: 457
Release: 2005-01-06
Genre: Law
ISBN: 1139442538

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The United Nations Convention on the Law of the Sea is one of the most important constitutive instruments in international law. Not only does this treaty regulate the uses of the world's largest resource, but it also contains a mandatory dispute settlement system - an unusual phenomenon in international law. While some scholars have lauded this development as a significant achievement, others have been highly sceptical of its comprehensiveness and effectiveness. This book explores whether a compulsory dispute settlement mechanism is necessary for the regulation of the oceans under the Convention. The requisite role of dispute settlement in the Convention is determined through an assessment of its relationship to the substantive provisions. Klein firstly describes the dispute settlement procedure in the Convention. She then takes each of the issue areas subject to limitations or exceptions to compulsory procedures entailing binding decisions, and analyses the interrelationship between the substantive and procedural rules.

Dispute Resolution in the Law of the Sea

Dispute Resolution in the Law of the Sea
Author: Igor V. Karaman
Publisher: Martinus Nijhoff Publishers
Total Pages: 438
Release: 2012-02-17
Genre: Law
ISBN: 9004212019

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The 1982 United Nations Convention on the Law of the Sea has been frequently referred to as the ‘constitution for the oceans’ and as one of the most important events in the history of modern international law. Representing one of the treaties most widely accepted by the international community, the adoption of the Convention had a long and difficult passage, explained in part by the varied and often irreconcilable interests at stake during the Third United Nations Conference on the Law of the Sea. In this context, one of the primary merits of the Convention is its successful accommodation of the interests involved, an accomplishment which has contributed to the view that the Convention constitutes one of the major compromises in the history of international treaty law-making. A detailed dispute settlement system represents a significant achievement of the Convention, an aspect on which Dispute Resolution in the Law of the Sea focuses. The book aims at examining the resolution of disputes which have emerged since the Convention’s entry into force and at analyzing the role of compulsory procedures entailing binding decisions through the prism of general international law and jurisprudence. An overall evaluation of the effectiveness of the functioning of the dispute settlement system under the Convention is presented and annexes offer a compendium of the LOSC-related disputes together with various means involved in their resolution as well as maritime delimitation agreements and the provisional arrangements negotiated by States.

UNCLOS and Ocean Dispute Settlement

UNCLOS and Ocean Dispute Settlement
Author: Nong Hong
Publisher: Routledge
Total Pages: 282
Release: 2012
Genre: Law
ISBN: 0415505275

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This book project evaluates the applicability and effectiveness of UNCLOS as a settlement mechanism for addressing ocean disputes. Focus is placed on the South China Sea (SCS) dispute, one of the most complex and challenging ocean-related conflicts in the world. The book considers the internal coherence of the Law of the Sea Convention regime and its dispute settlement procedures. It looks at the participation in the UNCLOS negotiation, maritime legislation, and dispute settlement practice of relevant States party to the dispute. The book goes on to explore the relationship between UNCLOS and other regimes and institutions in general in the SCS, particularly in regard to maritime security, marine environment protection, oil and gas joint development and political interaction.

Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea

Maritime Boundary Disputes, Settlement Processes, and the Law of the Sea
Author: Seoung Yong Hong
Publisher: BRILL
Total Pages: 325
Release: 2009
Genre: Law
ISBN: 9004173439

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A surprising number of maritime boundaries remain unresolved, and a range of reasons can be cited to explain why the process of delimiting these boundaries has been so slow. This volume addresses and analyzes some of these reasons, focusing on some of the volatile disputes in Northeast Asia and in North America. Scholars from Asia, the United States, and Europe grapple with festering controversies and apply insights gained from resolved disputes to those that remain unresolved. Islands continue to haunt this process, and the way in which they should affect maritime boundaries remains in dispute. The United States has a number of disputed boundaries with its neighbors to the north and south, and these are examined. Antarctica is a concern of all nations, and the regimes governing the Southern Ocean surrounding Antarctica are analyzed. The International Tribunal for the Law of the Sea was created to allow countries to resolve their disputes peacefully, and two chapters look at how this new court is operating. The impact of sea-level rise on maritime boundaries is given special attention in the opening chapter. This volume presents a wonderful collection of provocative chapters written by the top scholars in the field of International Ocean Law. It should help scholars, students, and decision makers to understand the current state of this field and to move some of the difficult disputes toward resolution.

Law of the Sea, Environmental Law and Settlement of Disputes

Law of the Sea, Environmental Law and Settlement of Disputes
Author: Tafsir Malick Ndiaye
Publisher: Martinus Nijhoff Publishers
Total Pages: 1237
Release: 2007
Genre: Law
ISBN: 9004161562

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This volume covers a variety of topics in the fields of the law of the sea and the protection of the environment. The particular focus of the volume is on the role and function of judicial, quasi-judicial and administrative institutions in the prevention and settlement of disputes in both of these areas. This includes an overview and insightful analysis of the cases of the International Tribunal for the Law of the Sea during its first decade. Further substantive issues range from the allocation of shared marine resources, maritime boundary delimitation and issues of maritime security to the prevention of marine pollution as well as a coverage of the compliance and enforcement mechanisms of international environmental law. The views from both scholars' and practitioners' perspectives presented in this volume will offer readers a number of outstanding intellectual synergies to reflect on the development of international law. It can provide both scholars and policy-makers alike with new insights on how to address pressing problems in international law, including ideas for improved institutional design. The work has been compiled in honour of Thomas A. Mensah and comprises 59 essays from leading scholars and practitioners in international law.

The International Tribunal for the Law of the Sea

The International Tribunal for the Law of the Sea
Author: Kriangsak Kittichaisaree
Publisher: Oxford University Press, USA
Total Pages: 241
Release: 2021-01-21
Genre: Law
ISBN: 0198865295

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Written by an incumbent Judge of the International Tribunal for the Law of the Sea, this book provides a unique insight into the development and functioning of ITLOS.

A Bridge over Troubled Waters

A Bridge over Troubled Waters
Author: Helene Ruiz Fabri
Publisher: BRILL
Total Pages: 482
Release: 2020-10-12
Genre: Law
ISBN: 900443495X

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A Bridge Over Troubled Waters: Dispute Resolution in the Law of International Watercourses and the Law of the Sea offers novel comparative analysis from leading experts on the resolution of disputes concerning international watercourses and the oceans.

Dispute Settlement on the Law of the Sea

Dispute Settlement on the Law of the Sea
Author: Bingbin Lu
Publisher:
Total Pages: 0
Release: 2004
Genre:
ISBN:

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The law of the sea is no more than a part of international law. Though there is a special international tribunal in this area for the law of the sea, the maritime dispute settlement still defer to the framework of dispute settlement of international law. This note will take an opportunity to review the international dispute settlement system from the law of the sea perspective.The 1982 United Nations Convention on the Law of the Sea (1982 Convention, hereinafter) contains detailed provisions regarding the resolution of law of the sea disputes. One of the great successes of the 1982 Convention is the inclusion of a comprehensive procedure for dispute settlement. The dispute settlement provisions of the 1982 Convention are found in the text of the Convention itself, rather than in an optional protocol. Part XV of the 1982 Convention establishes the dispute settlement system with respect to the interpretation and application of its provisions. When a dispute arises, the parties are to expeditiously to an exchange of views regarding its settlement by negotiation or other peaceful means. The parties may resort, if they wish, to conciliation procedures under article 284, in which case a conciliation commission will be established, whose report will be non-binding. Where no settlement is reached, recourse may be had to other procedures. Upon signing, ratifying or acceding to the convention, or at any time thereafter, a state may choose one of the following means of dispute settlement: the International Tribunal for the Law of the Sea; the International Court of Justice (ICJ); an arbitral tribunal constituted in accordance with Annex VII of the 1982 Convention; or a special arbitral tribunal constituted in accordance with Annex VIII of the 1982 Convention for one or more of the categories disputes specified therein. By providing a variety of options, the 1982 Convention encourages the peaceful settlement of disputes under law. We should celebrate the increased number of forums for third-party dispute settlement found in the 1982 Convention and other international agreements, because it means that international third-party settlement procedures, especially adjudication and arbitration, are becoming more acceptable. This development will promote the evolution of public international law and its broader acceptance by the public as a true system of law. The new forums created by the 1982 Convention may benefit both general international law and the law of the sea, and also promote the peaceful settlement of international dispute.